The 10-year-old boy was suspended for 10 days from Tinker Elementary on March 24, after allegedly bringing marijuana to school that he had found at home, The Republican American reports.

School officials never found any drugs while searching the boy’s locker and backpack, the paper reports. The suspension was based on the word of other students, the paper reports.

Sandra Staub, legal director for the state chapter, told the newspaper that police and school officials interrogated the boy for two hours without notifying his parents. He was suspended before the boy or his parents could challenge the allegation.

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The ACLU is now asking that the boy be allowed to return to school immediately, citing violations of the boy’s constitutional rights.